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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 3. Alcoholic Beverages |
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Agency 5. Alcoholic Beverage Control Board |
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Chapter 50. Retail Operations |
Section 100. Definitions and qualifications for retail off-premises wine and beer licenses and off-premises beer...
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A. Retail off-premises wine and beer licenses may be issued to persons operating the following types of establishments provided the total monthly sales and inventory (cost) of the required commodities listed in the definitions are not less than those shown:
1. "Delicatessen." An establishment which sells a variety of prepared foods or foods requiring little preparation such as cheeses, salads, cooked meats and related condiments:
Monthly sales ......................................................... $2,000
Inventory (cost)....................................................... $2,000
2. "Drugstore." An establishment selling medicines prepared by a registered pharmacist according to prescription and other medicines and articles of home and general use:
Monthly sales .......................................................... $2,000
Inventory (cost) ....................................................... $2,000
3. "Grocery store." An establishment which sells edible items intended for human consumption, including a variety of staple foodstuffs used in the preparation of meals:
Monthly sales .......................................................... $2,000
Inventory (cost) ....................................................... $2,000
4. "Convenience grocery store." An establishment which has an enclosed room in a permanent structure where stock is displayed and offered for sale, and which sells edible items intended for human consumption, consisting of a variety of such items of the type normally sold in grocery stores:
Monthly sales .......................................................... $2,000
Inventory (cost) ....................................................... $2,000
In regard to both grocery stores and convenience grocery stores, "edible items" shall mean such items normally used in the preparation of meals, including liquids.
5. "Gourmet shop." An establishment provided with adequate shelving and storage facilities which sells products such as cheeses and gourmet foods:
Monthly sales.......................................................... $1,000
Inventory (cost) ....................................................... $1,000
B. Retail off-premises beer licenses may be issued to persons operating the following types of establishments provided the total monthly sales and inventory (cost) of the required commodities listed in the definitions are not less than those shown:
1. "Delicatessen." An establishment as defined in subdivision A 1 of this section:
Monthly sales .......................................................... $1,000
Inventory (cost) ....................................................... $1,000
2. "Drugstore." An establishment as defined in subdivision A 2 of this section:
Monthly sales.......................................................... $1,000
Inventory (cost) ....................................................... $1,000
3. "Grocery store." An establishment as defined in subdivision A 3 of this section:
Monthly sales.......................................................... $1,000
Inventory (cost) ....................................................... $1,000
4. "Marina store." An establishment operated by the owner of a marina which sells food and nautical and fishing supplies:
Monthly sales.......................................................... $1,000
Inventory (cost) ....................................................... $1,000
C. The board may grant a license to an establishment not meeting the qualifying figures in subsections A and B of this section provided it affirmatively appears that there is a substantial public demand for such an establishment and that public convenience will be promoted by the issuance of the license.
D. The board in determining the eligibility of an establishment for a license shall give consideration to, but shall not be limited to, the following:
1. The extent to which sales of required commodities are secondary or merely incidental to sales of all products sold in such establishment;
2. The extent to which a variety of edible items of the types normally found in grocery stores are sold; and
3. The extent to which such establishment is constructed, arranged or illuminated to allow reasonable observation of the age and sobriety of purchasers of alcoholic beverages.
E. Notwithstanding the above, the board may issue a temporary license for any of the above retail operations. Such licenses may be issued only after application has been filed in accordance with § 4.1-230 of the Code of Virginia and in cases where the sole objection to issuance of a license is that the establishment will not be qualified in terms of the sale of food or edible items. If a temporary license is issued, the board shall conduct an audit of the business after a reasonable period of operation not to exceed 180 days. Should the business be qualified, the license applied for may be issued. If the business is not qualified, the application will become the subject of a hearing if the applicant so desires. No further temporary license shall be issued to the applicant or to any other person with respect to that establishment for a period of one year from the expiration and, once the application becomes the subject of a hearing, no temporary license may be issued.
Historical Notes
Derived from VR125-01-5 § 10, eff. December 12, 1985; amended, Volume 04, Issue 06, January 21, 1988; Volume 05, Issue 02, eff. November 24, 1988; Volume 07, Issue 04, eff. December 19, 1990; Volume 08, Issue 06, eff. January 15, 1992; Volume 09, Issue 06, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 25, Issue 11, eff. March 4, 2009; Volume 30, Issue 09, eff. January 29, 2014.